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11)
may, before such adoption have appeared either in that
Potentates own notion, or in some other. If in his own
notion, I would call it homebred, or native: if in some
other, I would call it imported.
Having made these distinctions and got this nomenclature
to express them, now let us apply them: to Let us
take observe how far they may be seen to subsist in
that portion of Jurisprudence that is called the Civil Law.
First let us consider it as subsisting in the Roman
State, where it was native.
1. The Institutes were autographic being composed by the
Legislator (Justinian) were authoritative autographic Law. The
2. The Digests of Pandects, containing the opinions were at their first appearance, unauthoritative
and writings of eminent Lawyers, were at their
first appearance Jurisprudence unauthoritative: that
is the several portions of which they were composed
were each at their first appearance portions of jurisprudence unauthoritative.
Collected in a body, and adopted in the Legislator, (Justinian) they became authoritative adoptive
Law.
3. The new Code being composed also by the Legislator
(Justinian or the other Legislator his predecessors
was also authoritative autographic Law.
4. In like manner The Novels, or new Constitutions
being composed by successive Legislators of the
same state, were became also as fast as they appeared
authoritative autographic Law.
[b]1. What is here said concerning the Code Digests
NOTE [a]
that had been written by such a person's self, but by
the self-same Jurisprudence itself.
[b] What is here said concerning the Digests the Digests
Identifier: | JB/028/176/003 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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176 |
common law particular laws |
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003 |
[[titles::note [a] / note]] |
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text sheet |
4 |
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recto |
b9 / e10 / b11 / e12 |
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jeremy bentham |
[[watermarks::[monogram] [britannia symbol]]] |
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9441 |
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